Chapter

The Relationship Between International and Regional Human Rights Norms and Domestic Law

Rosalyn Higgins Dbe Qc

in Themes and Theories

Published in print August 2009 | ISBN: 9780198262350
Published online March 2012 | e-ISBN: 9780191682322 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198262350.003.0035
The Relationship Between International and Regional Human Rights Norms and Domestic Law

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An analysis of national and international human rights law, and its relationship to national law, is necessarily a matter both of international law and of domestic law. There is not a legal system in the world where international law is treated as ‘foreign law’. It is everywhere part of the law of the land; as much as contracts, labour law, or administrative law. As regards the United Kingdom, all rules of customary international law are either universally recognized or have at any rate received the assent of the country per se as the law of the land. To that extent, there is still validity in England the common law doctrine, to which Blackstone expressed, that the law of nations is part of the law of the land. In the United States, the interrelationship between international human rights norms and domestic law is reasonably well developed.

Keywords: United Kingdom; United States; international law; domestic law; human rights law; national law; common law doctrine

Chapter.  5043 words. 

Subjects: Public International Law

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